The DEM estimates that 50,000 cesspools still exist and contribute to pollution of drinking water and water in beach areas, which is why it filed legislation to inspect and replace failed cesspools that are located near key water resources.  Cesspools are considered substandard systems. They don’t treat wastewater, they merely dispose of it.

In contrast, conventional INDIVIDUAL SEWAGE DISPOSAL SYSTEM, (ISDS) AKA septic systems place the wastewater well above the level of soils saturated by groundwater and they disperse over a large area, which results in substantial removal of pollutants. Although DEM has not yet written the regulations to enforce all provisions of the new law, if you are buying a property that is currently served by a cesspool – you should determine whether your property is subject to this law high risk areas include within 200 feet of a public drinking well, surface drinking water supply, or inland edge of a shoreline bordering a tidal water area.

The mandatory Disclosure form that sellers sign has been revised to inform buyers about the new cesspool law and their right to an inspection. Buyers will have 10 days to have a cesspool inspected if they wish. 

Failed cesspools in high risk areas must be replaced within one year after failure with an ISDS system or linked to a sewer system where available All non-failed cesspools that are located in high-risk areas, will need upgrade to an ISDS by 2013 if in a non-sewered area or, if located on a sewer stub, must tie into a sewer within one year of the sale of any property that is in a sewered area. Some communities, such as South Kingstown, Charlestown, and Block Island have adopted local ordinances that are stricter than this legislation, so make sure to check local requirements as well.

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